5101:1-2-40.5
Targeted assistance program.

The targeted assistance program (TAP)
provides employment and employability services to refugees for the first five
years from their entry date. The policies and procedures outlined in this rule
apply to county agencies that receive a TAP allocation pursuant to rule
5101:9-6- 16.1 of the
Administrative Code.

(1)
A refugee for
whom less than five years have passed since their entry date and who reside in
a county receiving TAP funds. If the county agency uses TAP funds for
citizenship and naturalization services, there is no time limit for these
services.

(a)
A
refugee does not have to apply for or receive cash assistance to be eligible
for TAP.

(b)
Resources and income of the refugee are not considered
when determining eligibility for TAP.

(c)
A refugee
receiving Ohio works first (OWF) is eligible to participate in TAP services
that are not available as part of the OWF program in the county in which they
reside.

(d)
A refugee participating in a matching grant program
through a resettlement agency is eligible to participate in TAP services that
are not included in the resettlement agency's matching grant program. TAP
services as described in paragraph (D) of this rule cannot be provided to
matching grant participants.

(2)
A refugee who is
sixteen years of age or older and who is not a full-time student in elementary
or secondary school, may receive services as described in paragraphs (C) and
(D) of this rule if the services are intended to:

(a)
Lead to
part-time or temporary employment while the person is a student;

(3)
A refugee child
with an interim assistance letter from the department of health and human
services, office of refugee resettlement (ORR), may receive services for up to
ninety days after the individual's entry date.

(1)
Employment or
employability services may be provided by the county agency or a provider. A
provider must agree to notify the county whenever a refugee fails or refuses to
participate in required services or fails to accept an offer of
employment.

(2)
Services must be refugee-specific and designed to meet
individual refugee needs and lead to self-sufficiency as quickly as possible.
Vocational or jobs skills training, on the job training, or English language
training may be standardized and need not be specific to the refugee
population.

(a)
The position is
vacant due to a strike, lockout, or other bona fide labor dispute;
or

(b)
The individual would be required to work for an
employer contrary to the conditions of existing membership in the union
governing that occupation. However, employment not governed by the rules of a
union in which the refugee is a member may be deemed
appropriate.

(14)
The quality of training must meet the local employer's
requirements so that the individual is in a competitive position in the local
labor market.

(C)
What employment and employability services may be
provided? (1) Employment services including:

(a)
Development of a
family self-sufficiency plan for each assistance group;

(a)
Employment-related case management services, including referral to services and
the tracking of a refugee's participation in services.

(b)
English language
training, with an emphasis on English as it relates to obtaining and retaining
a job. The training must be provided concurrent with employment or other
employment related services.

(i)
To avoid interference with employment, English
language training must be provided outside normal working hours to the fullest
extent possible.

(ii)
English language testing must be conducted to
determine if the refugee is able to benefit from an available English language
training program.

(a)
Refugees who test at a level above the available level
of English language training are exempt from further participation in English
language training.

(b)
Refugees who test at a level below the available level
of English language training must participate in English language
training.

(1)
A county that
receives a TAP allocation may arrange for refugees to participate in additional
services as outlined in the individual employability plan. Services must be
designed to lead to the earliest possible employment and may include the
following employability services:

(b)
On the job training, when such training is provided at
the employment site and is expected to result in full-time, permanent,
unsubsidized employment with the employer who is providing the
training.

(ii)
The training is
appropriate to the needs of the local labor market and is of sufficient quality
to meet the requirements of local employers; and

(iii)
The training
is provided to the fullest extent possible outside normal working hours to
avoid interference with employment.

(d)
Skills
recertification services to help refugees qualify to practice their professions
in the United States. The training may consist of full-time attendance in a
college or professional training program under the following conditions:

(ii)
The training is part of the refugee's individual
employability plan;

(iii)
The training does not exceed one year in duration,
including any time enrolled in such program in the United States prior to the
refugee's application for assistance; and

(iv)
The training is
specifically intended to assist the refugee in becoming certified in their
profession and if the training is completed, it can realistically be expected
to result in such certification.

(e)
Child care when
necessary for participation in employment or employability services or for the
acceptance or retention of employment.

(f)
Transportation,
including driver's education, when necessary for participation in an employment
or employability service or for the acceptance or retention or
employment.

(g)
Translation and interpreter services when necessary in
connection with employment or participation in an employment service or
employability service.

(2)
Other services may be provided to refugees with prior
approval of the state refugee coordinator.

(E)
What is the
family self-sufficiency plan (FSSP) and the individual employability plan
(IEP)?

(1)
The
FSSP outlines the plan for an assistance group to become self-sufficient
through the employment of one or more assistance group members. An FSSP must be
completed for each assistance group receiving TAP services.

(a)
Be developed as
part of an FSSP, where applicable, for each TAP participant;

(b)
Have a definite
employment goal leading to the earliest possible employment, attainable in the
shortest time period consistent with the employability of the refugee in
relation to job openings in the area;

(c)
Not discourage
or delay looking for employment or accepting offers of employment;
and

(d)
Be completed in collaboration with the refugee and
must be developed for each refugee receiving TAP services and may be modified
to reflect changed services or employment conditions.

The FSSP and IEP may be developed by
the county agency, the resettlement agency or a provider. If a plan is
completed by an entity other than the county agency, the county agency may
accept the plan if it determines that the plan is appropriate for the refugee
and meets the requirements of this rule.

(1)
County agencies receiving a TAP allocation in
accordance with rule
5101:9-6- 16.1 of the
Administrative Code shall:

(a)
Afford all refugees an opportunity to apply for TAP.
Refugees applying for or in receipt of refugee cash assistance (RCA) or refugee
medical assistance do not need to complete a separate application for
TAP;

(b)
Determine eligibility for TAP within thirty days of
the application date;

(c)
Complete a family self-sufficiency plan for each
assistance group; and

(d)
Provide or arrange for employment and employability
services for refugees in the following priority:

(iii)
Employed
refugees in need of services to retain employment or to attain economic
independence.

(2)
TAP case records
must contain documentation of an individual's refugee status in accordance with
paragraph (B)(10) of rule
5101:1-2-40 of the
Administrative Code, including copies of both sides of the status
documentation.

(3)
Verification of the authenticity of documents provided
by the individual through the automated systematic alien verification for
entitlements (SAVE) system, as described in rule
5101:1-1-50 of the
Administrative Code, applies to applicants for TAP.

(4)
Eligibility
redetermination for TAP must be completed at least once every twelve months or
more frequently if needed.

(a)
Information regarding changes in TAP status may come
from the refugee, the resettlement agency, or a provider.

(b)
If a refugee
begins working and is no longer eligible for RCA, mandatory TAP participation
stops. The refugee may become a voluntary participant in TAP.

(c)
If the county
agency receives employment information that is questionable, the county shall
request verification.

(5)
Information
relating to applicants, participants, and former participants of TAP is subject
to confidentiality standards described in section
5101.27 of the Revised
Code.

(6)
A refugee applying for or in receipt of TAP has all
the hearing and notice requirements as described in division 5101:6 of the
Administrative Code. Except when services continue as a result of a timely
hearing request, services must be terminated effective the end of the last
month of the time-limited eligibility period as described in paragraphs (A)(1)
and (A)(3) of this rule.

(7)
Each county receiving a TAP allocation must provide a
plan to the Ohio department of job and family services (ODJFS) by September
first of each year. The plan must:

(a)
Describe the goals of the TAP program related to
refugee employment in the county and plans to reach and monitor achievement of
these goals;

(b)
Describe how the county coordinates cash and medical
assistance with TAP services to promote employability and economic
self-sufficiency as quickly as possible;

(c)
Describe how the
county ensures that language training and employment services are made
available to all refugees, including efforts to encourage registration for
employment services;

(d)
Explain how TAP allocations will be used and how
services are selected and monitored;

(e)
Ensure services
are provided to refugees following the priority described in paragraph
(G)(1)(d) of this rule;

(f)
Designate a county agency staff person responsible for
the coordination of TAP services to refugees in the county;

(g)
Designate an
individual to provide timely and accurate reports to ODJFS;

(i)
Compliance with
all state and federal statutes and regulations while in receipt of a TAP
allocation.

(ii)
Services and benefits to refugees are coordinated and
not duplicated within the county.

(iii)
Communication
and collaboration occurs among refugee resettlement agencies, social service
agencies, health providers, and public agencies serving
refugees.

(iv)
The TAP allocation is used for employment and
employability services designed to assist refugees in obtaining jobs with on
one year of becoming enrolled in services. The goal is for refugees to achieve
and maintain economic self-sufficiency.